27 August 2012 at 9:47PM edited 30 November -1 at 12:00AM in Benefits & Tax Credits. They may also check that the tenancy hasn't been set up just so you can claim benefits. Hi, … For example, if your landlord only asks you to pay rent when you are not working (and so are eligible for housing benefit), but not when you are working (and earning too much to claim housing benefit), this would be a contrived tenancy. These Regulations consolidate existing provisions relating to housing benefit for claimants who have not attained the qualifying age for state pension credit and for those who have attained that age and are receiving, or whose partner is receiving, income support or income-based jobseeker’s allowance. Home; Forums; Housing Benefit Questions (HB, LHA, DSS) If this is your first visit, be sure to check out the FAQ by clicking the link above. Doesn’t matter who the ‘landlord’ is. Phones DSS for some advice and they said that the rental could be seen as a contrived rental I.e. 14. Housing Benefit - Contrived Tenancy? i wonder if this is accurate? This is called a contrived tenancy. A benefit unit will be … I am abusing and defrauding the benefits system. Send message. It would be classed as a private arrangement and Millie would have to show a ‘tenancy agreement’ to the job centre. Get further help. Housing benefit and the bedroom tax. He says that he, Mr X, is struggling to pay his mortgage because he is not getting any rent from the tenant. Good morning Renting to a “close family” member & claiming Housing Benefit Two of my most read website articles, concern tenancies involving “family” members, where the tenants claimed Housing Benefit; were wrongly refused; and with my assistance, successfully appealed the Council’s decision. HOUSING BENEFIT AND LETTING ARRANGMENTS . I would arrange a proper tenancy agreement but as i receive housing benefit I live in a 1 bedroomed flat with my 15mth old and getting nowhere on the list so thinking of moving to my sisters old flat which is 2 bedrooms. She wants to make a claim for housing benefit to be able to give to them, which will solve so many problems. To be entitled to Housing Benefit (HB) or the housing costs element of Universal Credit (UCHE) a claimant must be liable or treated as liable to pay rent (reg 8 HB regs 2008/reg 25(3) UC regs 2013)… in reading the housing law advice given to the LA i noticed that they are told that in order to claim a claiment guilty of forming a contrived tenancy they must first find that the tenancy is of a commercial nature. A SUMMARY OF THE CASE LAW. If you have one or more 'spare' rooms, your Housing Benefit may be reduced. Informal family arrangements. johnny forum member money advice, midland heart HA, birmingham. Such arrangements are those that were meant to be covered by the so-called 'contrived tenancy' provision in Regulation 7(1)(b), and they are the sorts of cases on which housing benefit departments seek guidance from DSS Headquarters on a daily basis. Contrived tenancies can occur where a family member 'rents' to a family member but on a non-commercial basis. If she draws up a tenancy agreement now, will they accept that as proof she has started paying them rent/board and lodge, when she applies shortly? For example, if your landlord only asks you to pay rent when you are not working (and so are eligible for housing benefit), but not when you are working (and earning too much to qualify for housing benefit), this would be a contrived tenancy. ** the arrangement has been set up to take advantage of the housing benefit system – this is called a ‘contrived tenancy’. Contact your local council if you have any further questions about Housing Benefit. Mr X applied for housing benefit. This is known as a "contrived tenancy". If the Council believes that such a contrived tenancy exists, they will refuse to pay LHA. The fact is, it’s neither illegal nor immoral for family members to seek […] If you're affected by the bedroom tax, you may be able to get a Discretionary Housing Payment. The Local Authority may ask you to prove that the tenancy is not contrived to take advantage of the housing benefit scheme. Contrived tenancies. A contrived tenancy is a term used in British housing law to describe a situation where a tenancy is created in order to take advantage of the housing benefit system. Around 6 years ago we jointly funded a family trust to successfully appeal the decision of the Housing Benefit not to pay their related tenant’s rent. If he will live with you and his mother this could be seen as a contrived tenancy. 1. For example, by serving notice to end the tenancy if you don't pay rent. Councils may decide someone has a contrived tenancy if they rent their home from a relative. HBINFO training is designed to help delegates understand key legal aspects of the Housing Benefit system. 5 posts. Mr X says it is not a contrived tenancy. Mr X lives in a property he rents from his sister. You are able to claim housing benefit on a ‘one bed rate’ of the area so she could claim for her room. In such circumstances, claimants, will need to apply for Housing Benefit from their local authority for help with housing costs. What happened. The issue here is whether or not something is set up deliberately to try to obtain Benefit which, with a private tenancy would be Local Housing Allowance. Under Housing Benefit regulation 7(1)(b) (the "contrived tenancy provisions"), claimants should be treated as having no rent liability, and therefore ineligible for Housing Benefit, where the liability to make payments appears to the local authority to have been created to take advantage of the Housing Benefit. Housing Benefit; Welfare Reform; Other courses; Fun Friday Quiz. Edit: @Puglypoohead has already said this! You may have to provide proof of your tenancy, such as: a contract I have just bought a house to rent out and am willing to let him have it 37 replies 4K views Hamuhu Forumite. If a parent rents out a self-contained property to a grown-up disabled child, then, in most circumstances, the claimant should be entitled to Housing Benefit … If you rent a room or a property to a family member, the Housing Executive may view this arrangement as a "contrived tenancy", which has been designed to exploit the benefit system. You may have to register before you can post: click the register link above to proceed. 13 January 2014, 10:50 am. A contrived tenancy is where a Benefit decision makers will consider whether your relative would enforce the agreement. About Us. ... On the contrivance issue, the question turns on whether the tenancy was “created to take advantage of the housing benefit scheme”. BETWEEN PARENTS AND THEIR DISABLED ADULT CHILDREN . He is disabled and going through rough time and will be homeless with his son if he cant find somewhere that will accept housing benefit, but i dont know if its allowed. 2. You can not always claim housing benefit for rent you pay to someone in your family, or to an ex-partner. Evidence can include: Renting from a family member who lives in the same home If you are renting a home from a ‘close relative’ of you or your partner and they live in the same house, you won’t be able to get housing benefit. that the arrangement has not been set up in order to take advantage of the housing benefit system - this is called a 'contrived tenancy'. Case law, the courts, and tribunals have helped to define what constitutes a contrived tenancy. My question in relation to the contrived tenancy however is, ... the house using a first-time-buyer mortgage and I'm very worried that he will get in to a lot of trouble/the claim for housing benefit will be seen as a contrived tenancy because of this. [1] Contrived tenancies can occur where a family member 'rents' to a family member but on a non-commercial basis. A contrived tenancy is a term used in British housing law to describe a situation where a tenancy is created in order to take advantage of the housing benefit system. You can only get benefits in this situation if your tenancy is a commercial one rather than an informal family arrangement. You can get housing benefit or help with rent from universal credit if you rent a property from a member of your family who lives elsewhere. They are moving out as need 3 bedrooms and so will be letting it out. You can get HB towards the following types of housing costs: Housing Benefit Page 6 of 28 2.4 Liable to pay rent or housing costs You do not need to have a written tenancy agreement but you must have a legal obligation or duty to pay rent, which could be made up of license charges, permission to occupy charges, or use and occupation charges. Contrived Tenancies Last updated: 06 December 2016 (version 4) Contrived liability Cases where discretion is not given Deciding if tenancy abuse exists Contrived liability A benefit unit will be treated as not liable to pay rent if a decision maker (DM) is satisfied the liability to rent has been contrived. You may have to provide proof of your tenancy, such as: - a contract From that appeal we learnt what trusts needed to do to show a tenancy is a commercial arrangement and is not considered contrived for the purposes of Housing Benefit. Informal arrangements don't count as renting on a commercial basis. A contrived tenancy is a term used in British housing law to describe a situation where a tenancy is created in order to take advantage of the housing benefit system. We will always include plenty of exercises and real live case examples within the day. Contrived tenancies Contents Contrived liability Deciding if tenancy abuse exists Contrived liability A contrived tenancy is where a tenancy agreement or liability to pay rent has been deliberately created to take advantage of Universal Credit. In general housing benefit will only pay the local housing allowance for a shared room for someone under 30, not a flat on his own. 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